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U.S. v. GRIGSBY

No. 13-3146.

749 F.3d 908 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Philip Andra GRIGSBY, a/k/a [email protected], a/k/a [email protected], a/k/a [email protected], Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 15, 2014.

Attorney(s) appearing for the Case

James A. Brown, Assistant United States Attorney (Barry R. Grissom, United States Attorney, with him on the brief), Topeka, KS, for Plaintiff-Appellee.

John K. Henderson, Jr., Assistant Federal Public Defender, Wichita, KS, for Defendant-Appellant.

Before HARTZ, BALDOCK, and BACHARACH, Circuit Judges.

BALDOCK, Circuit Judge.

Defendant Philip Grigsby says his 260-year sentence imposed pursuant to the child pornography production guideline, U.S.S.G. § 2G2.1, is procedurally and substantively unreasonable because the guideline is "defective." According to Defendant, the production guideline routinely generates offense levels that result in a recommended guideline sentence in excess of the statutory maximum, and fails to distinguish between levels of culpability...

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